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Lori Palmieri’s Answers

Is there any chance of getting my record expunged?

I have an adjudication withheld for a felony (stolen property) from 19 years ago along with a misdemeanor petty theft conviction from the same time period. I was not aware that I would be ineligible in getting my records sealed due to the pett...

Lori’s Answer

August 7, 2014 9:46pm

The prior conviction on the petit theft makes you ineligible under Fla law to seal the dealing in stolen property case for which you received a withhold of adjudication. It is very unfortunate that it is causing you so many problems now with getting or keeping employment. There is not a good option for you now. I have been successful in re-opening a 10 year old traffic offense which was precluding a client from expunging a 1st degree felony case that was dismissed by the state last year. Changing that adjudication to a withhold will hopefully allow us to now expunge the serious felony that my client was innocent of committing. We are in that process now. This is a very rare occurrence, but it might be possible. Talk to a lawyer in Sarasota about your specific situation. Good Luck.

Does an arrest record count as a Criminal record? If so, What can i do about it? Can it be Sealed or Expunged?

I was arrested spent a night in jail but they couldn't hold me because the person involved didn't want to press charges and also came to the in jail court hearing and testified that i wasn't a threat to them. The charges were dropped and i have "n...

Lori’s Answer

August 7, 2014 8:28pm

Selected as best answer

If you are not getting interviews or call backs for jobs you seek, this could be the problem. It is a common misconception that if an arrest does not lead to a criminal charge or is later dismissed, it somehow magically drops off your criminal history. That will only happen when you go through a formal expungment process. You can thereafter lawfully deny you were ever arrested or had this case dismissed. Absent a few circumstances, the general public will never know this occurred. Talk to an attorney and start the process since it can take 3-4 months. Good Luck to you.

Do I have a chance of getting custody or majority of time after 4 false accusations of sexual abuse and 2 of domestic violence?

Since the moment my attorney contacted my daughter's mother (not married) to respond to motion to settle custody and parenting agreement, the battle started. She filed a injunction order claiming domestic violence, it was denied. After signing par...

Lori’s Answer

August 6, 2014 5:23pm

This is really a family law question. Although it has elements of domestic violence allegations, your question focuses on gaining custody, which a family practitioner should address. Good luck - sorry all that has happened to you. It's not right.

A felon sells his gun to a pawn shop and a warrant is issued for his arrest over 4 yr later. is there a statute of limitations?

A man is released from jail for a felony burglary charge, and has to immediately move his things to a new home. Felon has an old shot gun of his fathers and because he can not own a weapon he sells it to a pawn shop. 4 and a half years later an AT...

Lori’s Answer

August 6, 2014 5:20pm

He needs to hire an attorney right away. It's an unfortunate situation, but it happens a lot.

Should you have a lawyer present when meeting with state's attorney ? Being questioned as a witness

What is the protocol ?

Lori’s Answer

August 5, 2014 4:05pm

Selected as best answer

Typically witnesses to crimes who meet with an Assistant State Attorney do not need their own representation. If there is some reason, however, that you are concerned about your role in the offense, you should consult with an attorney before the meeting.

I'm a public employee, my work computer was taken with my personal usb attached, can my usb be searched?

As a public employee, can the information on my USB drive be used to file criminal charges against me since the USB was attached to my work computer, not child porn by the way! Can the documents be used against me to file criminal charges?

Lori’s Answer

July 31, 2014 3:44pm

I don't see how you have an expectation of privacy with a USB of your own attached to a work computer of a public employee. If the computer and the USB were taken by your employer, I think you should reasonably expect it will be searched and if evidence of a crime is found, you could be investigated, arrested and charged. You need to speak to a criminal defense attorney right away to provide the specifics and put together a plan of action.

VOP status hearing?

My boyfriend is currently incarcerated in Osceola County florida for a VOP misdeamnor charge. I wasn't able to go to court this morning for his VOP arraignment but the computer update now has a court date of 9/9/2014 for a VOP status hearing. It m...

Lori’s Answer

July 31, 2014 3:33pm

Since your boyfriend was in court, he will know whether he was granted a bond or not. If he was, he'll be asking you to post it for him. If not, he'll be there until the next status hearing unless an attorney intervenes and sets an earlier hearing date. Contact an Osceola County defense attorney to seek help.

What can I do about this now?

I was applying for housing in Oregon in 2002 and the Manager almost turned me down because of a warrant in Florida. She told me it was because of Felony Conviction in 1997 that I didn't even know about. She told me that I was convicted in absentia...

Lori’s Answer

July 29, 2014 10:43pm

Selected as best answer

You can't be convicted in absentia in Florida of a felony offense unless you were in trial, and left the courthouse, never to be seen again. The jury could then return a guilty verdict and you could be adjudicated guilty. The court would then put a warrant out for your arrest. Do yourself a favor and contact the clerk in Alachua County and inquire what they have about you. In the alternative, contact a Gainesville Attorney who might be able to sort this out for you. I don't suggest you bury it again because these things have a way of continuing to haunt you. Take care of it, whatever it is. Good luck.

Can I recant a deposition without facing criminal charges?

My ex boyfriend took my car without permission with force and later that nite got in an accident which totaled my car. I made a police report stating this but due to the fact he has driven the car before and nothing can be done the officer tells m...

Lori’s Answer

July 29, 2014 8:57pm

You need to seek a private consultation with an experienced criminal defense attorney right away. Best of luck to you.